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2025 DAILYLAW 5392 (RAJ)

SATISH KUMAR VERMA S/O SHRI RAMFOOL v. THE STATE OF RAJASTHAN

CW/1848/2025 · 2025-02-04

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:4792] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1848/2025 1. Satish Kumar Verma S/o Shri Ramfool, Aged About 32 Years, R/o Bahad, Tehsil Niwai, District Tonk (Rajasthan). 2. Priyanka Jarwal D/o Ramprasad Jarwal, Aged About 31 Years, R/o 104, Bairwa Ka Mohalla, Kotkhawada, District Jaipur (Rajasthan). 3. Karishma Khanam D/o Amin Mohammed, Aged About 28 Years, R/o Lbs Colony, Ward No. 13, Chaksu, District Jaipur (Rajasthan). 4. Suresh Kumar Choudhary S/o Bhanwar Lal Choudhary, Aged About 27 Years, R/o Kot Ka Mohalla, Chakshu, District Jaipur (Rajasthan). 5. Seema Choudhary D/o Prabhudayal Choudhary W/o Rajendra Jat, Aged About 28 Years, R/o Kalyan Nagar Khirgi, Tehsil Niwai, District Tonk (Rajasthan). 6. Damodar Meena S/o Gyarsee Lal Meena, Aged About 32 Years, R/o Bhagwatpura, District Tonk (Rajasthan). 7. Mahesh Prajapati S/o Sita Ram Prajapati, Aged About 29 Years, R/o Kumharon Ka Mohalla, Ward No. 10 Chaksu, District Jaipur (Rajasthan). 8. Anita Sharma D/o Rameshwar Sharma W/o Pawan Kumar Sharma, Aged About 26 Years, R/o Khatiyo Ka Mohalla, Kalwadiya Bhawan, Chaksu, District Jaipur (Rajasthan). 9. Harvanshraj Bairwa S/o Om Prakash Bairwa, Aged About 30 Years, R/o Ward No. 23, Hingonia Ki Dhani, Chaksu, District Jaipur (Rajasthan). ----Petitioners Versus 1. The State Of Rajasthan, Through Principal Secretary, Medical And Health Department, Government Of Rajasthan Secretariat, Jaipur. 2. Director, (Public Health), Medical And Health Service, Rajasthan, Swasthya Bhawan, Tilak Marg, Jaipur. 3. Chief Medical And Health Officer, Jaipur- Ii, District Jaipur. 4. Block Chief Medical And Health Officer, Chaksu, District Jaipur. [2025:RJ-JP:4792] (2 of 3) [CW-1848/2025] 5. Principal Medical Officer, Government Sub- District Hospital, Chaksu, District Jaipur. ----Respondents For Petitioner(s) : Mr.Arun Singh Shekhawat JUSTICE ANOOP KUMAR DHAND Order 04/02/2025 1. By way of filing this petition, a challenge has been made to the impugned order dated 25.01.2025 by which the services of the petitioners have been terminated, after receipt of the regularly selected candidates on the post of Nursing Officer. 2. Learned counsel for the petitioners submits that the petitioners’ services were engaged on contractual basis and now their services have been terminated on account of joining of the regularly selected candidate while several posts of similar nature, i.e., contractual posts are still available in the State of Rajasthan. Counsel submits that the respondents could have adjusted the petitioner at any place where the posts were vacant, but instead of doing so, the order impugned has been passed. 3. Counsel submits that in similar circumstances, the Principal Seat of this Court in the case of Shruti Moyal & Ors. Vs. The State of Rajasthan and Ors. while deciding S.B. Civil Writ Petition No.12243/2024 dated 30.07.2024, has passed an order directing the respondents to ascertain the number of vacancies available with them and in case, there is a desire to take the services of the co-petitioners on the post available, then co-petitioners may be adjusted against those posts till the [2025:RJ-JP:4792] (3 of 3) [CW-1848/2025] regularly selected candidates are made available by the department. Counsel submits that similar order be passed in the present case as well. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by the learned counsel for the petitioner and considering the limited prayer made by them, the instant petition stands disposed of with directions to the respondents to ascertain the number of vacancies available with them and in case, there is a desire to take the services of the petitioner on any post available, the petitioners may be adjusted or accommodated to serve against the vacant post till the regularly selected candidate is made available by the department. 6. It is made clear that in case, it is found that the petitioners are not discharging the duties satisfactorily, the respondents would be at liberty to discharge him from employment. 7. With the aforesaid observation, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma/21